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ASEAN-AUSTRALIA DEVELOPMENT COOPERATION PROGRAM (AADCP)

PHASE II

TERMS OF REFERENCE
FOR
THE NEW ASEAN TARIFF FINDER

The ASEAN Secretariat and the Australian Government, through AADCP II, invite applications from consultants for the above-
referenced project.

I. Background

A tariff finder helps traders determine what tariff, or tax at the border, the destination countries will collect when a product
crosses their boundaries.

The existing ASEAN Tariff Finder started operating in 2016 is managed by the ASEAN Secretariat (ASEC). It currently provides
information on tariff reduction schedules of ASEAN Member States and Free Trade Agreement (FTA) Partners under several
ASEAN trade agreements as well as Product Specific Rules (PSRs) for the ASEAN Trade in Goods Agreement (ATIGA) and
some ASEAN+1 FTAs.

The current tariff finder was designed to assist businesses, and maximize benefits from ASEAN’s FTAs. The tool was launched
at the 48th ASEAN Economic Ministers (AEM) Meeting in August 2016 and has been fully operating since then.

At the moment, the ASEAN Tariff Finder provides the TRS for the following agreements:

1. ASEAN Trade in Goods Agreement (ATIGA);


2. ASEAN-Australia-New Zealand Free Trade Area (AANZFTA);
3. ASEAN-China Free Trade Area (ACFTA);
4. ASEAN-India Free Trade Area (AIFTA);
5. ASEAN-Japan Comprehensive Economic Partnership Agreement (AJCEPA);
6. ASEAN-Korea Free Trade Area (AKFTA).

In addition, it also provides the PSRs for the ATIGA and the above mentioned ASEAN+1 FTAs.

The World Customs Organization (WCO) provides the 6-digit HS Code transposition every five (5) years; however, the ASEAN
Tariff Finder has not been updated since its inception. In 2022, AMS are still in the progress of transposing the TRSs in the
ATIGA and ASEAN-plus FTAs. Therefore, to ensure the accuracy of tariff rates, updating the current Tariff Finder database to
the latest HS/AHTN versions is essential.

As the existing Tariff Finder no longer serves the purposes it was intended to deliver, the development of a new Tariff Finder is
being proposed to address expanding requirements. Aside from the trade agreements currently covered in the current Tariff
Finder, the proposed project will include the newly concluded or upgraded trade agreements, the scope of a new tariff finder
can be enhanced to encompass tariff commitments, rules of origin, NTMs, import, export, and customs procedures of relevant
AMS, interaction with the private sector, linkage to other useful websites, among others, which are useful for facilitating trade.

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Terms of Reference Template
Jan 2014 version
II. Needs and Objectives

Through this project, it is expected that the AMS and relevant stakeholders would have improved access to trade-related
information (e.g., tariffs, PSRs, customs procedures, and import-export requirements) that will facilitate informed decision-
making. Specifically, it envisaged to lead to:

1. Improved quantity and quality of trade flows across ASEAN and their trading partners outside the region due
to the provision and better access to significant and timely trade information

The new ASEAN tariff finder is intended to assist businesses in maximising benefits from the FTAs through updated
and accurate trade information in a single portal, which includes:
• Global MFN duties, including those of the ASEAN Member States (AMS), its Dialogue Partners (DPs), and the
other World Trade Organization (WTO) Members;
• Regular duties of non-WTO Members;
• Preferential tariff rates under all ASEAN FTAs, including the ATIGA, ASEAN Plus FTAs, RCEP, and bilateral
or regional FTAs of AMS where available;
• Internal taxation measures becoming due at importation such as Value Added Tax (VAT), excise, and other
taxes;
• Rules of Origin and Product Specific Rules (PSRs) under all ASEAN FTAs; and
• Global import procedures and formalities, including global import licensing mechanisms as well as customs
clearance requirements.

Such information will help traders prepare business plans and import-export strategies before shipping the goods to
importing countries. It also mitigates the risks of exposure of traders due to the lack of trade and customs information.

2. Efficient trade negotiations and analysis of trade performance

ASEAN government officials and negotiators could use the widely-expanded database to analyse existing
commitments for more cost-effective negotiations. It may also potentially contribute to a better assessment of trade
performance.

Together with AADCP II, the ASEAN Secretariat’s Trade Facilitation Division (TFD) seeks to engage the services of an entity
or firm to support the preparation of the project key outputs identified below.

III. Outputs

The outputs of this project include the following:

• A new ASEAN Tariff Finder with the elements mentioned in section “II. Needs and Objectives” and technical
specifications as stated in ANNEX A of this TOR; and
• Communication products and activities to promote the ASEAN Tariff Finder including workshops, seminars,
creation of a dedicated leaflet/e-flyer, a user manual, and an instructional video.

In addition to these outputs, as well as to maintain the tariff finder’s relevance and assess usability, appropriate monitoring
indicators will also be developed and information will be regularly collected and reported.

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Terms of Reference
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IV. Tasks/Activities

The following activities will need to be undertaken to achieve the outputs presented above. The bidder should provide details on its approach to each activity in its bid and is free
to recommend additional activities.

Output/Milestone Activities* Person working days Completion Date Person(s) responsible


1 Inception Report
- Submission of the draft Inception Report detailing the 5-person days last week of Consultant/Vendor/ASEC/
overall approach to the delivery of the expected outputs November to 1st AADCPII
including detailed work and management plans; week of December
- Inception Meeting with ASEC, CCA representatives, 2022
AADCP II; and,
- Finalisation of the Inception Report based on feedback, if
any.
Approval of the inception report by the Senior Economic Officials Meeting (SEOM) (10 working days)
2 The new ASEAN - Development of the program interface (UI/UX); 400-person days December 2022 Consultant/Vendor/ASEC
Tariff Finder - Development of a prototype;
- Development of the database
- Development of functional User Acceptance Testing (UAT)
(register new users, search functions, etc.) and,
- Finalisation.
Approval of the ASEAN Tariff Finder by the Senior Economic Officials Meeting (SEOM) (10 working days)
3 IEC Materials - Creation of draft leaflet/e-flyer, User Manual, Video, and 65-person days January 2023 Consultant/Vendor
public information material for review of ASEC and CCA; ASEC
- Finalisation of draft leaflet/e-flyer, User Manual, Video, and
public information materials based on feedback received.

4 Outreach - Drafting of awareness and training materials for AMS and 100-person days Throughout the Consultant/Vendor
Programmes & other relevant stakeholders for review of ASEC and CCA; Project ASEC
Training - Finalisation of awareness and training materials before roll-
out; and
- Conduct awareness and training events.

5 Regular operation - Database and information update; 4800-person days Throughout the Consultant/Vendor
& maintenance - Maintenance of the ASEAN Tariff Finder; Project

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Terms of Reference Template
Jan 2014 version
- Provide any technical support required to ensure/maintain
optimal performance of the new ASEAN Tariff Finder during
the period of the contract;
- Respond to the queries from AMS, ASEC, and relevant
stakeholders; and
- Submission of Monthly Performance Report.
6 Completion - Drafting and submission of the Project Completion Report 10-person days December 2025 Consultant/Vendor
Report which consists of an assessment of the whole
operationalisation of the project (i.e., summarising the
project outputs, achievements/ shortfalls, learnings and
recommendations) for review; and,
- Finalisation of the PCR based on feedback received.

Approval of Completion Report by Trade Facilitation Division (ASEC) (5 working days)


*The indicative period for each project milestone may overlap, or run in parallel with other milestones to meet the project commission date.
.

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V. Reporting

The consultant is expected to produce reports in accordance with Section III and IV above. The timing of delivery is indicative
and can be adjusted when the consultant’s work plan is developed, subject to mutual agreement.

Target Delivery Date


No. Reports
1 Inception Report Last week of November to the first week of
Provides a mutual understanding of the December 2022
consultant's plan of action and timeline for
conducting the project of the new ASEAN
Tariff Finder. It also provides an additional
guarantee of adherence to and interpretation
of the TOR.
2 Monthly Performance Report Every Month till the end of the project
Provides information on the database
maintenance/update, performance,
utilisation of the new ASEAN Tariff Finder,
and other activities undertaken as well as
issues arising after its full operationalisation.
3 Project Completion Report End of the project (year 3)
Provides the information and assessment on
the whole operationalisation of the project at
the end of the project funding by the
AADCP2.

All reports will be submitted based on AADCP II Guidelines for Contractors in draft format to the TFD of the ASEAN Secretariat
with a copy to AADCP II, and following ASEC approval, in final form. All outputs and reports must be suitable for publication,
although the decision on publication lies with the ASEAN.

Financial reports will be submitted at invoicing in line with a payment schedule to be specified in the Special Services Agreement
(SSA).

VI. Project Management

The project will be funded by the AADCP II and managed by the TFD of the ASEAN Secretariat in consultation with the relevant
divisions and the AADCP II Program Planning and Monitoring Support Unit (PPMSU).

The TFD, with oversight support from AADCP II, will be responsible for the overall management of the project. It will work closely
with AADCP II PPMSU in the selection of external consultant(s) for the project, in ensuring the timely delivery of planned activities
and key deliverables of the project, and in ensuring efficient reporting and disbursement of funds. AADCP II will monitor progress
from the perspective of the use of AADCP II resources and timely delivery of outputs that are fit for purpose and will provide
advice to the TFD accordingly.

TFD will act as the ASEAN Secretariat's key focal point for the project. It will, in consultation with the relevant divisions in ASEC:

• manage project implementation, and together with AADCP II, monitor the progress of the consultancy work;
• provide technical supervision to the project;
• assist/facilitate introductory consultation meetings with key Member States focal points and sectoral bodies, as needed;
and,
• provide overall guidance on the presentations and meetings.

The consultant should be responsible for organising and conducting the scheduled activities in collaboration with the host
countries and the ASEAN Secretariat.
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Terms of Reference Template
Jan 2014 version
AADCP II will conclude at the end of 2022. Once it concludes, support for this project will be provided through its successor
program, the Australia for ASEAN Futures (Economic and Connectivity), subject to the program’s approval which is anticipated
during the last quarter of 2022.

VII. Scope of Services

The consultancy will be undertaken over a continuous effective period of 36 (thirty-six) calendar months with approximately
650-person months of professional services. Work will commence immediately after contract signing.

The number of people working months is intended to indicate the amount of relative effort required to deliver the corresponding
outputs. The calculation is based on the assumption of twenty-two working days per month. Actual time will be agreed upon in
negotiation with the successful bidder.

VIII. Qualifications

In its proposal, the bidder (preferably an entity) should demonstrate experience and availability of the following skills and
competencies, both management and technical:
• The proposed team members should possess expertise in the areas of information systems, business administration,
business management, management engineering, international trade, computer science, or related fields. The team is
expected to be led by a project manager with at least five (5) years of project management experience on projects of
similar scale and complexity;
• Good working knowledge of preferential trading arrangements and their trade creation/distortion impacts;
• Good understanding of the Harmonized System of Tariff Nomenclature (HS) under the aegis of the World Customs
Organization (WCO) and efforts undertaken by ASEAN in developing its own Harmonized Tariff Nomenclature (AHTN);
• Good working knowledge of tariff reduction schedules (TRS) and Product Specific Rules (PSRs), Non-Tariff Measures,
and other trade-related information and documents.
• Track record in developing, updating, and maintaining web-based tariff search tools to facilitate utilization of preferential
tariffs under existing trading arrangements;
• At least five (5) years of experience in developing web applications, systems, and server administration;
• Demonstrated technical capacity in developing high-quality IEC materials for a general (non-technical) audience in
English (e.g. leaflet/e-flyers, user manuals, video, other public awareness and information materials);
• Able to manage multiple parallel activities at the same time and deliver results in a short timeframe;
• Familiarity with ASEAN, ASEAN Economic Community, ASEAN Structure, and implementation arrangements for
ASEAN Strategic Plans is an advantage; and
• A thorough understanding of ASEAN, the ASEAN Secretariat, and the AADCPII procedures will be considered an added
value.
• Capacity to generate and process data to ensure that the information in the tariff finder is up to date.

IX. Bidding

Interested consulting firms are invited to submit a proposal in response to these Terms of Reference. This proposal should be in
two parts: Technical and Financial components.

The Technical component should present the following information:


• A brief discussion indicating the bidder’s understanding of the needs of the project;
• A brief analysis of key issues;

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Terms of Reference
New ASEAN Tariff Finder
• A methodological discussion of how the bidder proposes to address those needs including assessment of key issues,
analytical strategies that will underlie the project, specific techniques to be utilised, and practical discussion of possible
limitations in carrying out the project;
• A detailed work plan that specifies activities to be undertaken, expected outputs and deliverables, resources to be
utilised, and timing;
• Staffing and management plan;
• A discussion on how measures to ensure the future sustainability of the outcomes of the project will be addressed;
• CVs of all proposed experts;
• A brief discussion of the firm’s past experience in undertaking similar work and brief summaries of all projects
undertaken; and
• Website link to samples of relevant past work/ reports.

The Financial component should specify:


• Professional fees of expert(s);
• Management and/or operational fees (if any), which include all costs incurred by the person/entity/company for internal
coordination, communication, travel, and any other associated project management cost;
• Applicable taxes such as VAT, GST, and PPN. See Section XI point 3 for an additional note on tax liability.

Activity costs for experts and participants such as reimbursable expenses for airfare, other travel costs, and daily subsistence
allowance for workshops, meetings, and all other agreed activities do not need to be included in the Financial Component. These
items will be discussed with the preferred contractor during the finalisation of the scope of services. Costs will be based on
prevailing ASEC rates.

X. Submission of Application

Applicants should send their application with a cover letter, materials specified in Section VIII above, and other supporting
documents with “New ASEAN Tariff Finder” as the subject via email to tender@aadcp2.org no later than Thursday, 10
November 2022 at 05:00 pm Jakarta time.

For Frequently Asked Questions (FAQ), please visit http://aadcp2.org/aadcp-ii-tender-frequently-asked-questions/

Any queries on the TOR should be sent to contact@aadcp2.org with the subject line: ”Queries - New ASEAN Tariff Finder”.

XI. Additional Notes on Terms and Conditions of the Project

1. Any future studies/reports/analysis in any form of intellectual property rights (including but not limited to patents,
copyright, and any related rights) submitted by the Contractor to ASEAN arising out of or in connection to the services
performed by the Consultant to ASEAN shall belong to ASEC under the name of ASEAN only.

2. The successful bidder shall agree to be bound and sign the Special Services Agreement (SSA) with all requirements
under the terms and conditions provided therein, including but not limited to the AADCP II Guidelines for the Contractors
attached to the SSA.

3. As an intergovernmental organisation, ASEAN shall not be responsible for any tax(es), levy, tax claim, or any tax liability
which may be imposed by any law in relation to any amount payable by the ASEAN Secretariat.

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ANNEX A. Technical Specifications of the New ASEAN Tariff Finder

A. NEW ASEAN TARIFF FINDER SCOPE

1. Tenderers are invited to make a tender submission to propose solutions that best meet the
requirements of this project.
2. The appointed vendor’s database of tariff and non-tariff information shall be made available to
registered users, based on the ASEAN Member states (AMS) geographical license.
3. Users shall be able to search from the new ASEAN Tariff Finder database which contains global MFN
rates and preferential rates, and global import formalities. The database shall also contain Rules of
Origin (ROO) and Product Specific Rules (PSRs) covering all ASEAN FTA agreements as well as other
elements stated in Section II (Needs and Objectives) of this TOR.
4. The database of information shall be ready and available upon commissioning of the New ASEAN Tariff
Finder portal.
5. The appointed vendor shall, during the contract term, update the new ASEAN Tariff Finder database
with information on new trade agreements that have been implemented.
6. The appointed vendor shall, during the contract term, upon request, share the new ASEAN Tariff Finder
database in database format or excel format to the ASEAN Secretariat for verification purposes.
7. The appointed vendor shall, during the contract term, update the new ASEAN Tariff Finder database
with information relating to food import and/or export, under the import formalities section, based on
information that will be periodically furnished by ASEC. The information shall be mapped and displayed
to users based on inputs of a specific country of origin, i.e., AMS, and destination.
8. Users shall be able to conduct searches through the new ASEAN Tariff Finder based on the following
premises:
8.1. User input fields:
8.1.1. “Origin” (drop-down list)
8.1.2. “Destination” (drop-down list)
8.1.3. “Product code”
8.2. A new ASEAN Tariff Finder database contains global MFN rates and preferential rates, and
global import formalities. The database shall also contain rules of origin and Product Specific
Rules (PSRs) covering AMS’ FTAs/EPAs as well as other elements stated in Section II (Needs
and Objectives) of this TOR.
8.3. Import formalities shall be clearly defined within the database, as general requirements or
specific requirements. General requirements and specific requirements shall be related or
linked to the product’s HS code. Import formalities shall cover both import procedures and
market access information.
8.4. Searches by HS code shall be performed at the 4-digit, 6-digit, and 8-digit levels.
8.5. Any word/product searches shall not restrict users to exact word(s), but also include related
words, e.g., paper, pulps of fibers, paperboard, tissue stock, etc.
8.6. Display contextually suggestive text while the user is typing a keyword into the search field(s)
to aid in the search.
8.7. The new ASEAN Tariff Finder database shall be updated frequently and regularly.
8.8. The new ASEAN Tariff Finder portal shall clearly show users the updates/additions that have
been made to the database in chronological order.

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Terms of Reference
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8.9. MFN and preferential rates as well as other information shall be updated by the vendor
accurately based on verified information through the appointed vendor’s network,
implementations by countries, and/or FTA schedules of commitments.
8.10. Product classification is based on a product code search or a product keyword
search. Product keyword search shall include a list of possibilities of related products.
8.11. The mode of language for the new ASEAN Tariff Finder shall be in the English
language with possible extension to the national languages of the AMS.
9. The portal shall reflect ASEAN’s look and feel, and the colour scheme shall be similar to ASEAN’s website.
The look and feel specifications (i.e. ASEAN’s logo and colour palette) shall be provided to the appointed
vendor during the project planning period.
9.1. If the AMS requires the look and feel specifications such as the colour scheme, font type, agency
name, logo, etc., to be updated/changed after commissioning, the appointed vendor shall make the
requested changes during the contract term.

B. REQUIREMENT SPECIFICATIONS

10. The Tariff Finder portal shall contain a Third-Party Website disclaimer that will be formulated by the ASEAN
Secretariat in consultation with the ASEAN Members.
11. The new ASEAN Tariff Finder’s registration page shall minimally request the following:
11.1. User’s email address
11.2. Company/Users details (address, country)
11.3. Password
11.4. Company structure
11.4.1. Micro Small Medium Enterprise, Large Local Enterprise, Multinational Companies,
Trade Associations & Chambers of Commerce, Educational Institute, Others
11.5. Industry Classification
11.5.1. Air Transport, Built Environment, Consulting, Digital / ICT, Education, Electronics,
Energy & Chemicals, Food Manufacturing, Food Services, Healthcare & Biomedical, Land
Transport, Logistics, Marine and Offshore, Non-profit Organisation, Precision Engineering,
Retail, Sea Transport, Urban Solutions, Wholesale Trade, Others.
12. Access to the Tariff Finder portal shall be granted based on the ten (10) ASEAN Member States' geographical
regions by Internet Protocol (IP) identification.
13. Users located outside of the geographical region of ASEAN Member States (AMS) shall be granted access to
the new ASEAN Tariff Finder portal if the user has previously registered successfully, and has a valid login ID
and a password.
14. Users who have successfully registered shall be granted access to the new ASEAN Tariff Finder for the entire
contract term.
15. There shall not be a quantity limit or cap on the number of users who can register and access the new ASEAN
Tariff Finder.
16. There shall not be a quantity limit or cap to the number of searches that can be made through the new ASEAN
Tariff Finder.
17. The appointed vendor shall manage/handle registrations and logins, and manage verifications of companies
that are located within the ASEAN Member States geographical region for the new ASEAN Tariff Finder portal.
18. The appointed vendor shall have an obligation to protect users’ data to prevent unauthorised or accidental
access, collection, use, disclosure, copying, modification, disposal, or destruction of personal data, or other
similar risks.
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19. Registration and/or Maintenance of Domain
19.1. The new ASEAN Tariff Finder portal shall be hosted by the appointed vendor, and the vendor
shall be responsible for the maintenance of the new ASEAN Tariff Finder during the contract term.
19.2. The new ASEAN Tariff Finder URL address shall be as agreed with the ASEAN Secretariat
during the project planning period.
19.3. The appointed vendor shall coordinate with the Technology Team of the ASEAN Secretariat to
terminate the existing ASEAN Tariff Finder.
19.4. The appointed vendor shall undertake maintenance of the domain name/URL address for the
maximum period of the term of the contract, and shall not terminate or request to transfer the designated
URL without prior notice to the ASEAN Secretariat.
20. Graphical User Interface (GUI)
20.1. The new ASEAN Tariff Finder portal shall be designed in a way where users without adequate
IT literacy shall be able to use the service without any assistance.
20.2. Menus shall be structurally arranged, and each option in the menu shall be easily accessible.
20.3. A loading bar shall be in place to convey the portal’s response.
20.4. Error messages shall be descriptive enough for users to perform corrective actions.
20.5. Users shall see a common and seamless user interface.
21. Responsive Web Design
21.1. The new ASEAN Tariff Finder portal layout and design shall be mobile responsive, while at the
same time, remaining optimized for standard workstations/PCs.
21.2. The new ASEAN Tariff Finder portal shall be adjustable according to the display of various
screen sizes on mobile devices (e.g. iPhone, Android, Samsung), tablets (e.g. iPad, Galaxy Tab, etc),
and browsers (e.g. Microsoft Edge, Google Chrome, Mozilla Firefox, Safari, and Opera).
22. Performance
22.1. The new ASEAN Tariff Finder’s response time is defined as the time taken from the moment the
user clicks on a link or button to the time a reasonable response is displayed on the user’s screen.
22.2. The vendor shall ensure that requested data from the time of call, shall not be more than three
(3) seconds for online queries, and ensure a response time of not more than ten (10) seconds for report
generation.
22.3. The Vendor shall minimally support 100 concurrent web service searches and 100 concurrent
user access.
22.4. The Vendor shall monitor the performance of the new ASEAN Tariff Finder service during the
implementation, and performance guarantee period (PGP), and fine-tune the Tariff Finder services where
necessary to meet the required performance.
23. Availability
23.1. The new ASEAN Tariff Finder is expected to run continuously 24 hours per day and 7 days a
week.
23.2. The vendor shall meet the standard of performance with a System Availability Level (SAL) of not
less than 95%, for each calendar month or part thereof, except during scheduled downtime.
24. Defacement, Hacking Monitoring, and Response
24.1. The vendor shall dedicate qualified personnel to monitor for any defacement and/or hacking and
promptly respond when it is detected, to eliminate the such negative impact.
24.2. All costs associated with the putting down and restoration of the affected pages, etc., shall be
borne solely by the appointed vendor.
25. Tariff Finder Monitoring Reports

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25.1. A monthly new ASEAN Tariff Finder monitoring report shall be provided to the desk officer of the
ASEAN Secretariat no later than the 15th of every subsequent month of service. For example,
September’s report shall be provided to the key project manager no later than the 15th day of October of
the same year.
25.2. The report template shall be as agreed during project planning, and adjusted as required during
the contract term. In the event that the ASEAN Secretariat requires additional items to be provided in the
report, the vendor shall be obliged to provide the information, throughout the contract term.
25.3. The report format shall be discussed and agreed upon with the appointed vendor, and shall
contain minimally:
25.3.1. A summary of the number of registered users per month, and the number of queries
served per month.
25.3.2. A summary of the user profile, i.e., country, company type, and industry classification.
25.3.3. List of users registered to use the new ASEAN Tariff Finder service, including details
on the company’s structure, and industry classification.
25.3.4. Analysis of searches made by users, including the origin and destination entries, and
HS code/product description entries.
25.3.5. A summary of users’ activities and standard website metrics (number of visits, number
of clicks, time spent on each visit, etc.)
25.3.6. A summary of downtime.

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